4123-14-05
Settlement of liability of a non-complying employer.

(A) A non-complying employer may apply to the
administrator of the bureau of workers' compensation for settlement of its
liability to the state insurance fund. The request shall:

(1) Be in writing and properly signed in
handwriting by the employer concerned or by its duly authorized representative.
Unsigned requests shall be held in abeyance until properly completed, and the
applicant shall be notified accordingly;

(2) Clearly set forth the circumstances by
reason of which the proposed settlement is deemed desirable;

(i)
Whether the employer is in business at the present time and complying with the
"Ohio Workers' Compensation Act."

(B) The administrator may refer the request
to the legal division of the bureau of workers'
compensation for review, preparation of memorandum, and presentation to
the adjudicating committee for approval or disapproval of the offer of
settlement. The employer's past history with the bureau, if any, as reflected
by the records of the bureau or industrial
commission, shall be verified.
If additional information is needed for proper disposition of the case, the
matter may be referred for investigation. In justifiable situations, an
independent financial statement and the
employer's credit rating may be obtained.

(C) The adjudicating committee may accept the
offer of settlement if it finds by a preponderance of the evidence that such a
settlement :

The decision of the adjudicating committee shall be reduced to
writing and shall be mailed forthwith to all interested parties. The bureau may
structure the payment of settlement with the employer for a period not
exceeding twenty four months. Interest charges for the structured settlement
shall be determined in accordance with section
131.02 of the Revised
Code.

(D) The administrator shall process an application to
settle a liability for violation of a specific safety requirement in the same
manner as set forth in this rule.